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1995 Supreme(HP) 40

BHAWANI SINGH, S.N.PHUKAN
DROMATI DEVI – Appellant
Versus
SOHAN SINGH – Respondent


Advocates Appeared:
For the appellant(s) :None. For the respondent(s):L. C. Kapoor, Advocate for respondent No. 2.

JUDGMENT

S N. Phukan, C, J —This appeal is directed against the Award of the Commissioner, under Workmens Compensation (SDM), Mandi dated 29-10-1991 in File No. 11 of 1991.

2. Admittedly, one Shri Charanji Lal, who was about 18 years, was working as a conductor under respondent No. 1 in his Truck No. HID- 1961. The truck met with an accident on 19-M990 and a claim under Workmens Compensation Act, 1923 was filed before the Commissioner. By the impugned award. Commissioner awarded, taking into consideration the income and age of the deceased, a sum of Rs. 81,496 with further direction that in case of failure to deposit the amount within one month, interest at the rate of 20% on the above amount shall be payable. The Insurance Company, namely, respondent No. 2 was saddled with the compensation as well as the interest.

3. The present appeal has been filed only for interest and penalty, as provided under section 4-A of the Workmens Compensation Act, 1923.

4. According to the learned Counsel for the Insurance Company, the Insurance Company cannot be fastened for the payment of penalty as well as interest. The said section 4-A is reproduced below : "4-A, Compensation to be paid when due and p



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